This data protection declaration clarifies the nature, scope and purpose of the use of personal data (hereinafter referred to as "data") within our online offer and the related websites, features and content as well as external online presence, such as our social media profile (hereinafter referred to jointly as "online offer") and our other services. With regard to the terms used, such as "processing" or "person responsible", we refer you to the definitions in Art. 4 of the General Data Protection Regulation (Datenschutz-Grundverordnung [DSGVO]).
Christian Au, Stephan Thiel, Moritz Stefaner
℅ XOR Ventures UG
Registered at local court Charlottenburg under HRB 249569 B
Represented by the managing director Stephan Thiel
VAT-ID No.: DE359263417
This data protection declaration also includes other responsible parties. We have appointed a data protection officer who can be reached at firstname.lastname@example.org.
The users provide the data via the online offer, insofar as this is necessary for the stated purposes. Failure to provide the necessary data may result in legal disadvantages for the user, such as the loss of legal positions, e.g., the website may not be error-free or the user may not receive a reply to enquiries.
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as a "data subject"); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g., a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable. "Processing" means any operation or set of operations carried out with or without the aid of automated processes, involving personal data. The term is broad and covers practically every aspect of handling of data. "Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. "Profiling" means any form of automated processing of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. "Controller" means any natural or legal person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of the processing of personal data. "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO; the legal basis for processing to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO; the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO; and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
In accordance with Art. 32 DSGVO, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the varying probability and severity of the risk to the rights and freedoms of natural persons. Such measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to, access to, inputting, disclosure, securing and separation of data. In addition, we have established procedures to ensure the exercise of data subjects' rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 DSGVO). The online offer is https-encrypted and thus protected against unauthorized access.
Insofar as we disclose data to other people and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g., if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the fulfillment of the contract), if users have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.). If we commission third parties for the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act DSGVO are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g., for the USA by the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO. In accordance with Art. 16 DSGVO, you have the right, to request the completion of the data concerning you or the rectification of the inaccurate data concerning you. Pursuant to Art. 17 DSGVO, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted pursuant to Art. 18 DSGVO. You have the right to demand that the data concerning you which you have made available to us be received in accordance with Art. 20 DSGVO and that it be transferred to other responsible parties. In each case, you can contact email@example.com for further information. You also have the right pursuant to Art. 77 DSGVO to file a complaint with the competent supervisory authority (e.g., the Berlin Commissioner for Data Protection and Freedom of Information, https://www.datenschutz-berlin.de/kontakt.html).
You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future. You can contact firstname.lastname@example.org for further information.
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. In particular, you may object to the processing of your data for the purposes of direct marketing. You can contact email@example.com for further information
"Cookies" are small files that are stored on the user's end device. Different kinds of data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user's visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users who are used for range measurement or marketing purposes can also be stored in such a cookie. Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter's cookies, they are referred to as "first party cookies"). We may use temporary and permanent cookies and explain this in our data protection declaration. If personal data is affected or if it is necessary, the data is processed on the basis of legitimate interests in advertising and marketing activities (Art. 6 para. 1 lit. f DSGVO) or on the basis of your consent (Art. 6 para. 1 lit. a DSGVO).
The data processed by us will be deleted in accordance with Art. 17 and 18 DSGVO or their processing restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons. In compliance with legal requirements in Germany, data is stored for 10 years in accordance with Articles 147 para. 1 of the German Tax Code [Abgabenordnung (AO)], 257 para. 1 nos. 1 and 4, para. 4 HGB (German Commercial Code) (books, records, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Art. 257 para. 1 nos. 2 and 3, para. 4 of the German Commercial Code [Handelsgesetzbuch (HGB)] (commercial letters). In compliance with legal requirements in Austria, the documents are kept in particular for 7 years in accordance with Art. 132 para. 1 Federal Fiscal Code [Bundesabgabenordnung (BAO)] (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used. We or the third-party providers used will further delete the data in accordance with the following criteria: Time schedule and completion of a request, default settings of the third-party providers, etc.
We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services. We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., within the scope of evaluating and measuring the success of marketing measures). We do not process any special categories of personal data, unless they are part of a commissioned processing. Affected parties include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their specification. Disclosure to external parties shall only take place if it is necessary within the framework of an order. When processing the data provided to us within the framework of an order, we shall act in accordance with the instructions of the customer and the legal requirements for order processing pursuant to Art. 28 DSGVO and shall not process the data for purposes other than those specified in the order. We delete the data after the expiry of legal warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, deletion takes place after their expiry (6 years, in accordance with Art. 257 para. 1 HGB, 10 years, in accordance with Art. 147 para. 1 AO). In the case of data which has been disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.
We process data in the context of administrative tasks as well as the organization of our business, financial accounting and compliance with legal obligations, such as archiving. Here we process the same data that we process within the scope of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e., tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data specified in these processing activities. We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers. Furthermore, on the basis of our business interests, we store information on suppliers, organizers and other business partners, e.g., for the purpose of establishing contact at a later date. This data, which is mainly company-related, is stored permanently.
In order to run our business economically, to be able to recognize market trends, wishes of our contractual partners and users, we analyze the data available to us on business transactions, contracts, enquiries, etc., in order to identify the most suitable and appropriate solutions for your needs. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the people concerned include contractual partners, interested parties, customers, visitors and users of our online services. The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can take into account the profiles of registered users with information, e.g., on the services they make use of. The analyses serve us to increase the user friendlines by s, the optimization of our offer and the business economy. The analyses serve us alone and are not disclosed externally unless they are anonymous analyses with summarized values. If these analyses or profiles are person-related, they will be deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
If you send us enquiries (e.g., by e-mail) or otherwise contact us, your details, including the contact data, name and e-mail address or other data provided by you, will be stored by us for the purpose of processing the enquiry and in the event of follow-up enquiries. This data will only be processed on the basis of your consent (legal basis Art. 6 para. 1 lit. a DSGVO) or on the basis of an initiating or existing business relationship with us (legal basis Art. 6 para. 1 lit. b DSGVO).
The hosting services used by us serve the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service. Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 para. 1 lit. f DSGVO in connection with Art. 28 DSGVO (conclusion of an order processing contract).
We, and/or our hosting-provider, on the basis of our entitled interests in the sense of the Art. 6 para. 1 lit. f. DSGVO collect data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log file information is stored for security reasons (e.g., to clarify abuse or fraudulent actions) for a maximum period of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.